The determinations of the court under this chapter shall have no effect on the determination of any issues in the action other than the issues relevant to proceedings under this chapter, nor shall they affect the rights of any party in any other action arising out of the same claim. The determinations of the court under this chapter shall not be given in evidence nor referred to in the trial of any such action.
§ 512.110.Effect of Determination of Court On Determination of Issues
Title 7. Other Provisional Remedies In Civil Actions · Chapter 2. Claim and Delivery of Personal Property · Article 2. Writ of Possession · Enacted 1973 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 512.110 confines the court's determinations under this chapter to the writ of possession proceeding itself, with no effect on the merits of the action or any other action, and bars those determinations from being introduced into evidence or referred to at trial.
Full Text of § 512.110
Plain-English Summary
This section is the writ of possession chapter's version of the finality protection built into California's attachment law. Whatever the court decides about probable validity, the property's description, or any other issue under this chapter has no effect on any issue in the action beyond the writ proceeding, and no effect on either party's rights in any other action arising from the same claim.
The protection runs procedurally as well as substantively — the determinations can't be given in evidence, or even referred to, at the trial of the action. A plaintiff who obtains a writ of possession gets a provisional remedy, not a head start on proving the case, and a defendant who loses at the writ hearing loses nothing at trial because of it.
Frequently Asked Questions
Can either party use the outcome of the writ of possession hearing at trial?
No. Section 512.110 bars the court's determinations under this chapter from being given in evidence or referred to at trial.
Does obtaining a writ of possession mean the plaintiff will win the underlying case?
No. These determinations affect only issues relevant to the writ proceeding, not the merits of the action.
Does this protection extend to other lawsuits between the same parties?
Yes, the determinations also don't affect either party's rights in any other action arising out of the same claim.
Amendment History
Added by Stats. 1973, Ch. 526.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: effect of writ of possession hearing california